Case ID:167460

Nirmal Singh Sidhu & 8 others v Director-General, National Environment Management Authority & 2 others [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application E1143 of 2020

Parties:

Nirmal Singh Sidhu, Kevin Mulei, Samson Michael, Kulvinder Rana, Mohammed Bank, Jasbir Kaur Sidhu, Hawa Dirie Huki, Nidhi Rana & Fatima Hassan Hussein v Director-General, National Environment Management Authority, County Government of Nairobi & Lavington United Church

Date Delivered:

30 Nov 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Nirmal Singh Sidhu & 8 others v Director-General, National Environment Management Authority & 2 others [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Suit transferred to the Environment and Land Court at Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. E1143 OF 2020

BETWEEN

NIRMAL SINGH SIDHU

.................................................................................1

ST

APPLICANT

KEVIN MULEI

................................................................................................2

ND

APPLICANT

SAMSON MICHAEL......................................................................................

3

RD

APPLICANT

KULVINDER RANA

........................................................................................4

TH

APPLICANT

MOHAMMED BANK

......................................................................................5

TH

APPLICANT

JASBIR KAUR SIDHU

...................................................................................6

TH

APPLICANT

HAWA DIRIE HUKI

........................................................................................7

TH

APPLICANT

NIDHI RANA..................................................................................................

8

TH

APPLICANT

FATIMA HASSAN HUSSEIN

.........................................................................9

TH

APPLICANT

VERSUS

THE DIRECTOR-GENERAL, NATIONAL ENVIRONMENT

MANAGEMENT AUTHORITY....................................................................1

ST

RESPONDENT

COUNTY GOVERNMENT OF NAIROBI

................................................2

ND

RESPONDENT

AND

LAVINGTON UNITED CHURCH...........................................................INTERESTED PARTY

RULING

The Application

1. The Applicants herein have filed an application by way of a Chamber Summons dated 24

th

November 2020, seeking the following orders:

1. THAT the matter be certified as urgent.

2. THAT leave of court be granted to seek Judicial Review Orders of:

a) CERTIORARI- To bring into this court and to quash the

National Environment Management Authority (NEMA) Environmental Impact Assessment License No. NEMA/EIA/PSL/8582 dated 24

th

October, 2019, issued by the 1

st

Respondent.

b) CERTIORARI- To bring into this court and to quash the Nairobi City County Change of User Approval, PPA-CUAAB493, issued by the 2

nd

Respondent on 23

rd

October, 2018.

c) PROHIBITION- To prohibit against further or any other construction that is in breach of the Zoning Regulations of the 2

nd

Respondent.

d) THAT the leave granted in (2) above operate as stay of the Environmental Impact Assessment License No. NEMA/EIA/PSL/8582 dated 24

th

October, 2019, issued by the 1

st

Respondent and the Change of User Approval, PPA-CU-AAB493

issued by the 2

nd

Respondent and further restrain the Interested Party from proceeding with the construction on L.R. No. 3734/991 pending the hearing of the substantive application of this matter.

4. THAT any other, further or alternative orders be made as the court

may deem just and expedient.

5. THAT costs of this application be provided for.

2. It is evident that the

ex parte

Applicants are seeking orders in relation to the use of land in the said application. Any disputes and orders sought in relation to title, use and occupation of land now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 24

th

November 2020.

The Orders

3. In the premise I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The Applicants’ Chamber Summons dated 24

th

November 2020 shall accordingly be placed before the

Duty Judge

at the

Environment and Land Court at Nairobi

on

10

th

December 2020

, for directions.

4. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 3

rd

December 2020.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 30

TH

DAY OF NOVEMBER 2020

P. NYAMWEYA

JUDGE